Jonah Patel
The Washington State Constitution was ratified in 1889, over three decades after Washington Territory was divided from Oregon Territory. Professor Hugh Spitzer discusses the ways in which the WA Constitution reflects the special concerns of its framers and what makes it unique among state constitutions. The framers' views are reflected in the Constitution's articles, which cover topics such as the taking clause, municipal credit, and corporations. The Constitution has been amended over time, with citizens gaining the right to petition initiatives and referendums in 1912, and more recently, recognizing same-sex marriage and legalizing marijuana.
| Characteristics | Values |
|---|---|
| Date of ratification | 1889 |
| Progressive nature | Recognized same-sex marriage and legalized marijuana |
| Unique aspects | Nine independently-elected officials in the executive branch; legislation limited to a single topic |
| Professor associated with it | Hugh Spitzer |
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What You'll Learn
The Washington State Constitution was ratified in 1889
The Washington State Constitution, which describes the structure and function of the government of the U.S. State of Washington, was ratified in 1889. This was part of Washington Territory's path to statehood. An earlier constitution had been drafted and ratified in 1878, but it was never officially adopted.
In 1877, Orange Jacobs, Washington Territory's Delegate to the U.S. Congress, requested an enabling act that would allow Washington to become a state as soon as a state constitution was drafted and ratified by the voters. In response, the Washington Territorial Legislative Assembly passed an act to convene a constitutional convention. Washington's voters elected fifteen delegates who met in Walla Walla in June and July 1878 and drafted a constitution. The voters of the territory approved the constitution in November 1878. However, it was never approved by Congress.
In December 1888, Congress introduced an act to enable Washington, North Dakota, South Dakota, and Montana to become states. The Enabling Act of 1889 required each prospective state to draft and ratify a state constitution. An election was held to choose 75 delegates to frame a constitution for the State of Washington. The delegates assembled on July 4, 1889, in the Territorial Capitol Building in Olympia and worked throughout the summer to draft a constitution that would form the basis for all future Washington laws.
On October 1, 1889, an election was held to ratify the state constitution and elect the officers of the new state government. The Washington State Constitution was approved by a vote of 40,152 to 11,879. A certified copy of the Constitution was sent to President Harrison for approval, which was necessary before Washington could be proclaimed a state. On November 11, 1889, the President issued a proclamation declaring Washington's Constitution approved, and the state was admitted to the Union.
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Professor Hugh Spitzer discusses the framers' special concerns
Professor Hugh Spitzer, a law professor at the University of Washington, discusses the ways in which the Washington State Constitution reflects the special concerns of its framers. The WA Constitution, ratified in 1889, is unique among state constitutions. Spitzer analyzed the application of Gunwall in his article, "New Life for the 'Criteria Tests' in State Constitutional Jurisprudence: Gunwall Is Dead—Long Live Gunwall!". This article outlines six criteria that are relevant in determining whether the Washington State Constitution should be considered as extending broader rights to its citizens than the United States Constitution. These criteria include textual language, differences in texts, constitutional history, pre-existing state law, structural differences, and matters of particular state or local concern.
Spitzer's work highlights the progressive nature of the WA Constitution, which was further enhanced in 1912 with the addition of the right of citizens to petition initiatives and referendums, empowering voters to create statutes. This progressive foundation has facilitated contemporary initiatives such as the 2012 recognition of same-sex marriage and the legalization of marijuana, positioning Washington as a pioneering state in these areas.
In his analysis of the WA Constitution, Spitzer identifies two main purposes. Firstly, he examines the "taking clause" (Article I, § 16) and the municipal credit clause (Article VIII, § 7), exploring the limitations on the state's power to take private property for public use and the restrictions on the state's ability to lend credit to private enterprises. Secondly, he delves into the Corporations Article (Article XII, §§ 1-22), scrutinizing the regulations and responsibilities of corporations operating within the state.
Additionally, Spitzer raises questions about the differences in the number of independently elected officials in WA's executive branch compared to other states. WA's Constitution limits legislation to a single topic, which is a reflection of the framers' concerns. This provision ensures that legislation is focused and does not encompass multiple issues, allowing for clearer governance and representation of the citizens' interests.
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The WA Constitution is unique among state constitutions
The Washington State Constitution, ratified in 1889, is unique among state constitutions. Professor Hugh Spitzer, a law professor at the University of Washington, has discussed the ways in which the WA Constitution reflects the special concerns of its framers and what sets it apart from other state constitutions.
One aspect that makes the WA Constitution unique is its progressive nature. In a video created by TVW for educators and high school students, Professor Spitzer highlights the progressive reasons behind many of the decisions written into the Constitution. The Constitution was made even more progressive in 1912 with the addition of the right of citizens to petition initiatives and referendums, empowering voters to create statutes. This progressive nature has continued to be reflected in recent citizen initiatives, such as the 2012 initiatives to recognise same-sex marriage and legalise marijuana, making Washington one of the first states to do so.
Another unique feature of the WA Constitution is the presence of nine independently-elected officials in the executive branch. This differs from other state constitutions and is a reflection of the framers' concerns and intentions. The framers' views and intentions are also examined by James M. Dolliver in his work, "Condemnation, Credit, and Corporations in Washington: 100 Years of Judicial Decisions". In this analysis, Dolliver explores whether the framers' views have been followed in key areas such as the taking clause (Article I, § 16), the municipal credit clause (Article VIII, § 7), and the Corporations Article (Article XII, §§ 1-22).
The WA Constitution also stands out for its limitation of legislation to a single topic. This provision is another reflection of the framers' concerns and is part of what makes the WA Constitution unique, as discussed by Professor Spitzer. Furthermore, the WA Constitution's textual language, structural differences, and matters of particular state or local concern can also contribute to its uniqueness among state constitutions.
While the WA Constitution has its unique aspects, constitutional research often involves comparing it to the United States Constitution. Professor Spitzer's work, "New Life for the 'Criteria Tests' in State Constitutional Jurisprudence: Gunwall Is Dead—Long Live Gunwall!", explores the application of Gunwall criteria tests in this context. These tests consider textual language, differences in texts, constitutional history, pre-existing state law, structural differences, and matters of state or local concern when assessing whether the WA Constitution extends broader rights to its citizens than the United States Constitution.
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The framers' views are reflected in the Constitution's clauses
The Washington State Constitution was ratified in 1889, over three decades after Washington Territory was divided from Oregon Territory. The framers of the constitution had unique concerns that were reflected in the constitution's clauses. Professor Hugh Spitzer, a law professor at the University of Washington, has discussed how the WA Constitution reflects the special concerns of its framers and how it stands out among other state constitutions.
One of the unique aspects of the WA Constitution is the presence of nine independently-elected officials in the executive branch. This provision is believed to reflect the framers' concerns and their intention to address specific issues. The framers' views are also evident in the constitution's clauses, which have been examined by legal scholars and historians.
James M. Dolliver, for instance, analysed the "taking clause" (Article I, § 16), the "municipal credit clause" (Article VIII, § 7), and the "Corporations Article" (Article XII, §§ 1-22) in his work, "Condemnation, Credit, and Corporations in Washington: 100 Years of Judicial Decisions." In this analysis, Dolliver explores whether the framers' views have been followed over a century of judicial decisions.
Another example of the framers' views reflected in the constitution is the addition of the right of citizens to petition initiatives and referendums in 1912. This amendment gave voters the power to create statutes, demonstrating the framers' progressive ideals. Recent initiatives, such as the 2012 recognition of same-sex marriage and the legalisation of marijuana, further showcase the progressive nature of the constitution and the impact of the framers' views.
The framers' concerns and beliefs have had a lasting impact on the state's governance and the lives of its citizens. The WA Constitution, with its unique provisions and progressive ideals, serves as a testament to the framers' vision and their intention to address the specific needs and concerns of the state and its people.
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The current version of the Constitution is available online
The current version of the Washington State Constitution is available online from the Office of the Code Reviser. It can also be found in print in volume 0 of the Revised Code of Washington. The State Law Library holds older versions of the constitution, as well as case annotations for each clause.
The Washington State Constitution was ratified in 1889, over thirty years after Washington Territory was divided from Oregon Territory. The constitution was made more progressive in 1912 with the addition of the right of citizens to petition initiatives and referendums, giving voters the power to create statutes.
The constitution is unique among state constitutions, reflecting the special concerns of its framers. Professor Hugh Spitzer has analysed the ways in which the framers' views have been followed, examining the taking clause, the municipal credit clause, and the Corporations Article. Other academics have also analysed the constitution, including James M. Dolliver, Kristen L. Fraser, and David D. Martin.
The constitution has been the subject of numerous law journal articles and books, with topics ranging from the history and interpretation of the document to specific clauses such as the taking clause and the municipal credit clause. The constitution has also been examined in relation to education funding, police power, and the separation of powers.
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Frequently asked questions
The Washington State Constitution was ratified in 1889, and its framers included James M. Dolliver, Charles W. Johnson, Scott P. Beetham, David D. Martin, and Hugh Spitzer.
Professor Hugh Spitzer discusses how the WA Constitution reflects the special concerns of its framers, including the right of citizens to petition initiatives and referendums, giving voters the power to create statutes.
Professor Spitzer identifies the two main purposes of the WA State Constitution as being to address the "special concerns" of its framers and to make it unique among state constitutions.
